COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT between WILSON'S TRUCK LINES INC. Formally known as Wilson's Truck Lines Ltd. (hereinafter called the "Company'') and TEAMSTERS LOCAL UNION 938 affiliated with the International Brotherhood of Teamsters (hereinafter called the "Union'') Expiry: October 29 1 h, 2018

2 TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE# 1 Preamble 3 2 Scope of Bargaining Unit 3 3 Union Security & Checkoff of Dues 3 4 Management Rights 5 5 Union Representation 5 6 Union Stewards 6 7 Grievance & Arbitration 7 8 No Strikes, No Lockouts & Picket Line Protocol 10 9 Seniority Loss of Seniority & Termination of Employment Layoffs & Recalls Job Postings & Vacancies Hours of Work, overtime Medical Examinations Bulletin Boards Loss or Damage to Cargo or Equipment General Holidays Vacations Casuals Pay Period Time Off & Leaves of Absence Bonding & Driver's Abstracts Health & Safety Company Meetings Rates of Pay & Pay Information Pay for Training Discipline Invalidating Legislation Duration 21 Appendix A Owner Operator Remuneration 22 AppendixB Employed Driver Remuneration 25 2

3 ARTICLE 1 PREAMBLE The Company and the Union agree that the purpose and intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govem the relationship between the Company, all persons covered by this Agreement, and the Union, to promote efficiency and service, and sets forth herein the basic agreement controlling rates of pay, hours of work, dispute procedure and conditions of work. ARTICLE 2 SCOPE OF THE BARGAINING UNIT 2.01 The Union shall be the exclusive bargaining agent for all employed Drivers and Owner Operators of Wilson's Truck Lines Inc. (formally known as Wilson's Truck Lines Ltd.) in the City of Toronto, excluding supervisors and those above the rank of supervisor, dispatchers, shunters, dock workers, office, clerical and sales staff and agency driver This Agreement is applicable to employed Drivers and Owner Operators Where used in this Agreement and where applicable, the male pronoun shall be deemed to include the female pronoun The Company agrees not to enter into any agreement or contract with members of the bargaining unit, individually, or collectively, which in any way conflicts with the terms and provisions of the Agreement Notwithstanding 2.04 above, the Union acknowledges that the Owner Operators have and shall enter into individual contracts between the Company and the Owner Operator(s), as amended from time to time by the Company. The provisions of the contracts shall not conflict with any specific provisions hereof. This Agreement shall prevail over the specific provision of any Owner Operator contract in the event it conflicts with any specific provision hereof. ARTICLE 3 UNION SECURITY AND CHECKOFF OF DUES 3.01 Maintenance of Membership It is agreed that all members of the bargaining unit shall maintain Union membership in good standing for the duration of this Agreement as a condition of employment Union Dues Authorization All members of the bargaining unit must, as a condition of their continued employment, or contract authorize the Company to deduct from their pay on the pay day the Local Union's dues deductions are made, an amount equal to the Local Union's monthly dues for the duration of this Agreement as their financial contribution to the Local Union Initiation Fee Deductions All members of the bargaining unit shall, as a condition of continued employment, or contract authorize the Company to deduct an amount equal to the Union's Initiation Fees in installments of twenty-five. dollars ($25.00) per pay period after the completion of the probationary period. This deduction shall continue until the Initiation Fee is paid in full. The Company agrees to remit such monies so deducted to the head office of the Union along with a list of the members of the 3

4 bargaining unit from whom the money was deducted at the same time as the Union dues are remitted Monthly Deduction of Union Dues The Company agrees, for the duration of this Agreement, to deduct from the last pay cheque of each month the monthly dues of any members of the bargaining unit covered by this Agreement and to remit such monies so deducted to the head office of the Local Union along with a list of the members of the bargaining unit from whom the monies were deducted not later than the tenth (1Oth) day of the month following the date upon which such monies were deducted. The checkoff list will include social insurance numbers and names. In the case of a member of the bargaining unit's absence on Workers Compensation, the checkoff shall indicate that such member is absent on WSIB Deduction of Arrears Items The Union will notify the Company in writing of any arrears in dues caused for any reason or any arrears in Initiation or Re-Initiation Fees and the Company will immediately commence deductions in amounts prescribed by the Local Union in such written notice and fotward such monies to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Company shall prescribe payroll deductions of not more than the equivalent of one month's dues at the appropriate Local Union's dues rate Checkoff Lists The Union will supply the Company with a supply of printed checkoff forms which shall provide a column for "Dues", "Arrears in Dues", "Initiation and Re-Initiation Fees". The Company shall each month add the name of each new member of the bargaining unit hired on since the remittance of the previous checkoff along with the starting date and the Company shall give an explanation alongside the name of each member of the bargaining unit who appeared on the previous month's checkoff sheet for whom a remittance is not made for any reason Forms to be Signed by New Members of the Bargaining Unit The Union will supply the Company with Initiation Deduction Authorization Forms, Application for Membership Forms and Dues Deduction Authorization Forms, all of which shall be signed by all new members of the bargaining unit on the date of hire. It will be the responsibility of the Company to ensure that all completed Applications for Membership Forms are returned to the Union. All forms shall be returned to the Union within seven (7) days from the date of hire Scope of Union Dues Deductions The deduction of Union dues shall be made from every member of the bargaining unit including, but not limited to, probationary members. In the event that a probationary member fails to complete his probationary period, Union dues will be deducted from his final pay cheque Submission of Checkoff The checkoff and cheques for the Union dues deducted must be in the office of the Local Union not later than the tenth {1Oth) day of the month following the month in which the monies were deducted. 4

5 3.10 T4 Slips The Company will show the yearly Union monthly dues deductions on employed Driver's T4 slips ARTICLE The Company agrees that members of the bargaining unit who are off work due to sickness, injury and/or Workers Compensation, shall not have Union dues or Initiation Fees deducted from their general holiday payments. MANAGEMENT RIGHTS Management Functions The Union recognizes and acknowledges that the management of the Company's operations and direction of the members of the bargaining unit are fixed exclusively in the Company and, without restricting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Company to: maintain order and efficiency; hire, promote, demote, classify, transfer, and suspend members of the bargaining unit, and to discipline or discharge any member of the bargaining unit provided that a claim by a member of the bargaining unit who has acquired seniority that he has been discharged, demoted, or otherwise disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the members of the bargaining unit, provided that when new rules are enacted, a copy shall first be given to the Business Representative of the Union and an opportunity given to them to make representation; determine the nature and kind of business conducted by the Company, the kinds and locations of operations, equipment and materials to be used, the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of work, the number of members of the bargaining unit to be hired or contracted, the extension, limitation, curtailment or cessation of operations, and the delegation of functions to independent agents; determine, exercise all other functions and prerogatives which shall remain solely with the Company by the Company except as specifically limited by the expressed provisions of this Agreement; This Section 4.01 shall not deprive the member of the bargaining unit of the right to exercise the Grievance Procedure as outlined in this Agreement; ARTICLES 5.01 UNION REPRESENTATION Right of Access for Union Representatives Representatives of the local Union shall be allowed to enter the Company's premises to deal in the administration of the Agreement provided they notify the Company and obtain approval in advance and such attendance does not interfere with the operations of the Company. Permission shall not be unreasonably withheld. 5

6 ARTICLES 6.01 UNION STEWARDS Right of Union to Appoint Stewards (a) (b) The Company acknowledges the right of the Union to appoint one (1) Chief Steward one (1) steward and one (1) alternate steward for the Owner Operators; and (1) Chief Steward and (1) alternate steward for the employed Drivers. H the operations of the Company are such that two (2) stewards are not sufficient, the parties may mutually agree to an additional steward(s). The Chief Steward shall be established as "second person" for the division in which he is working for the purposes of paragraph Stewards Alternate Stewards will perform the role of the steward only if the regularly assigned steward is unavailable Pay for Processing Grievances During Working Hours Wherever possible, grievances shall be processed during the normal working hours of the Steward. A Steward shall receive his hourly wait time rate for attendance at grievance meetings when grievances are processed within normal working hours with the Company on Company property or at any other place which is mutually agreed upon by both the Union and the Company Limitation in Payment of Stewards The compensation for Steward(s) in Section 6 is not subject to Daily Call-In pay, Call Back pay or Overtime pay as provided hereinafter in this Agreement. Time spent with the Company pursuant to Section 6 shall not be used in the calculation of entitlement to overtime pay Names and Changes of Stewards The Union will inform the Company in writing of the name of the Steward and of any subsequent change in the name of the Steward. The Company shall not be required to recognize any Steward until such notification from the Union has been received Stewards' Seminars Each Union Steward shall be entitled to up to two (2) days absence per year to attend Stewards' seminars and/or educational programs, provided the Company receives at least one week's written notice Suspension or Discharge of Steward The Company will notify the designated representative of the Union by , registered mail or facsimile prior to disciplining, suspending, or discharging a Steward. Failure of the Company to notify the Union representative shall render the dismissal or suspension null and void Steward's Seniority for Work For the purposes of layoff the Union Chief Steward shall be established as "second person" on the seniority list. 6

7 6.09 Labour/Management Meeting Labour/Management meetings scheduled as mutually agreed will involve the Stewards as required by the Union and Management as required by the Company. A Labour/Management meeting will be held at least twice annually. This meeting is not intended to be a grievance meeting. Agendas will be provided to the other party five (5) business days prior to the date of the meeting. ARTICLE GRIEVANCE AND ARBITRATION Definition of a Grievance For purposes of this Collective Agreement, a grievance shall consist of a dispute concerning the interpretation, application or administration of any clause of this Agreement, or any alleged violation of this Agreement, including any question as to whether a particular dispute is or is not arbitrable within the meaning of the provisions of this Agreement. There shall be an earnest effort on the part of both parties to settle such grievances promptly through the following steps. A grievance must identify the specific issue that is alleged to be a violation of this agreement and the specific remedy being requested by the grievor and/or the Union Grievance Arbitration Procedure (a) Step 1 - Meeting with Operations Manager When there is a grievance, the grievor shall confer with the Operations Manager within five (5) business days of an alleged violation of this Agreement or the date that the grievor ought reasonably to have known of such alleged violation. The Operations Manager will render his decision verbally within five (5) business days. (b) Step 2- Grievance in Writing If the decision in Section 7.02(a) is not acceptable, the grievance may be submitted in writing by the Union to the Director of Operations within five (5) business days from the date of the decision in Section 7.02(a). The Director of Operations and the grievor shall meet within five (5) business days in an effort to resolve the grievance. The grievor may be accompanied by his Union Steward. The grievor may also be accompanied by a Business Representative of the Union. Following the completion of a grievance meeting, the Director of Operations shall have five (5) business days to submit a written response. (c) Step 3-President or Designate Should the Director of Operations fail to respond within the said five (5) business days or should the written response provided at Step 2 be unsatisfactory to the grievor or should the parties fail to resolve the grievance at Step 2, the grievor may refer his grievance to the President or his designate, provided it is done so within five (5) business days. The President or his designate and the grievor shall meet within five (5) business days of the date that the grievance was received by the President or his designate in an effort to resolve the grievance. The grievor may be accompanied by his Union Steward. The grievor may also be accompanied by a Business Representative of the Union. Following completion of the grievance meeting at Step 3, the President or his designate shall have five (5) business days to provide a written response. 7

8 7.03 Arbitration and Arbitration Procedure (a) Referral to Arbitration Should the President or his designate fail to respond within the said fwe (5) business days or should the written response provided at Step 3 be unsatisfactory to the Union or should the parties fail to resolve the grievance at Step 3, the Union may refer the grievance to arbitration provided it is done so within (5) five business days of the date that the Union received or should have received the written response from the President or his designate at Step 3. (b) Notice of Arbitration It shall be the responsibility of the party desiring arbitration to so inform the other party in writing of its intent to refer a grievance which has been properly carried through all the steps of the Grievance Procedure to arbitration. Referral to Arbitration shall be effected in the following manner: in the case of an individual employee grievance, notice to arbitrate shall be given within five (5) business days after the President or his Designate has rendered a decision or failed to render a decision as provided for in Step 3. in the case of a Union Policy grievance, notice to arbitrate shall be given within five (5) business days after the meeting with the President or his designate. in the case of a Company Policy grievance, notice to arbitrate shall be given within five (5) business days after the meeting with the Union representative. (c) Information to be provided in Notice to Arbitrate Any notice of intent to arbitrate under the foregoing provisions shall contain the name of the aggrieved party's appointee to the Board of Arbitration and within five (5) business days from the receipt of the notice of intent to arbitrate, the other party must in turn name their nominee. A third member to act as Chairperson shall be appointed on the recommendation of the respective nominees. Should the nominees fail to select a Chairperson within thirty (30) calendar days from the date of their appointment, either party or their nominee may request the Office of Arbitration to make the appropriate appointment. (d) Sole Arbitrator The Company and the Union may by mutual agreement appoint a sole arbitrator to hear the arbitration Policy Grievances (a) Definition of a Policy Grievance A Policy Grievance is defined as an alleged violation of a general nature that could not otherwise be filed by an individual member of the bargaining unit. A policy grievance must identify the specific issue that is alleged to be a violation of this agreement and the specific remedy being requested by the griever and/or the Union. 8

9 {b) Processing of Policy Grieva nces In the event the Union or the Company have cause to file a Policy Grievance, such Policy Grievance shall be filed in writing within five {5) business days of the alleged violation of the Agreement. Upon receipt of the Policy Grievance, the Business Representative of the Union and the President or his designate shall meet within ten (1 0) business days in an attempt to resolve the grievance. Following completion of the meeting with the President or his designate (in the case of Union Policy Grievance) or Business Representative of the Union (in the case of a Company Policy Grievance), either party shall have five (5) business days to provide a written response. Should the written response be unsatisfactory to the Union or the Company (as the case may be) or should the parties fail to resolve the grievance, the grievance may be referred to arbitration for final resolution in accordance with the arbitration provision of this Agreement provided the grievance(s) is referred to arbitration within five (5) business days of the date that the Union or the Company received or ought to have received the written response from the President or his designate or the Business Representative of the Union (as the case may be) Discharge and Suspension Grievances Grievances dealing with discharges and suspensions shall be registered in writing within seventy-two (72) hours {Saturdays, Sundays and General Holidays excluded) from the time of the discharge or suspension was imposed and shall be filed with the President or his designate at Step 3 of the grievance procedure Right of Employee to be Accompanied by a Union Official Any member of the bargaining unit covered by this Agreement when called into the Company's office for any discussion at which time disciplinary action will be taken or a grievance is to be discussed will, upon request, be accompanied by a Steward or Business Representative Mandatory Time Limits and Mandatory Grievance Steps a.) b.) All time limits and all steps of the Grievance and Arbitration Procedure, as well as the time limits with respect to the referral of a grievance to arbitration are deemed to be mandatory. Should a grievance not be processed in accordance with the stipulated time limits, it shall be deemed to have been settled or withdrawn. The time limits in this Article 7 may be extended by written mutual agreement between the parties Powers of Board of Arbitration The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. The Board, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board except where the penalty is specified in the collective agreement Expenses of Board Member(s) Each of the parties hereto will bear the expense of their nominee to the Board and the parties will equally bear the fees and expenses of the Chairperson. 9

10 7.10 Responsibility for Payment The Company shall not be responsible for the payment of time used by a member of the bargaining unit in the investigation and settlement of a grievance Payment of Settled Monetary Grievance All monetary grievances that are mutually agreed upon shall be paid the following pay period, either by separate cheque or, in the alternative, the employee's regular pay remittance shall be accompanied by a written statement outlining the amount and grievance settlement involved Trip Sheets and Work Records For the purpose of processing specific grievances or disputes, Business Representatives and Stewards shall have, where applicable, trip sheets, work records and disciplinary records of the grievor made available to them on request at a mutually agreeable time at the head office terminal during the office hours of the Company. ARTICLE 8- NO STRIKE OR LOCKOUT AND PICKET LINE PROTOCOL 8.01 No Strike or Lockout In view of the orderly procedure arranged for the settlement of grievances, it is agreed that there will be no strikes or lockouts instigated, endorsed or condoned by either party to this Agreement Rights of Members of the Bargaining Unit re Lawful Picket Lines The Company and the Union acknowledge the right of members of the bargaining unit to refuse to cross a lawful picket line where such crossing would result in a personal injury or damage to the vehicle Right of Company to Protect its Business during Lawful Strikes The Union recognizes the right of the Company to protect its business and the property of its customers during lawful picket line activities Lawful Picket Line Protocol ARTICLE 9- SENIORITY Each party recognizes the rights of the other with respect to lawful strikes and lawful picket line activities.. In this regard the parties agree that the Union will notify the Company of any lawful strike or picket line activity. In such cases, a meeting will be held in order to mutually agree on a strike protocol. In the event that the Company and the Union cannot agree, each party reserves and recognizes the right to take whatever lawful action is appropriate Purpose of Seniority The purpose of seniority is to provide a means of recognizing length of service to be applied with respect to job posting preference, layoffs and recalls as hereinafter provided Company and Classification Seniority 10

11 Members of the bargaining unit will be classified as employed Drivers or Owner Operators. Company Seniority for the combined seniority list is defined in 9.02 a) and Classification seniority is defined in 9.02 b). a.) b.) A member of the bargaining unit's seniority date shall be the date that the member commenced continuous setvice to the Company as an Employee or Owner Operator. Classification seniority will determine a member of the bargaining unit's entitlement to the applicable benefits within his classification such as, job bid preference, layoffs and recalls Classification Transfers When a member of the bargaining unit transfers to another classification, the date of such transfer will be his new classification seniority date Seniority Lists Seniority lists containing the name and starting date of members of the bargaining unit will be prepared and posted on the bulletin board every twelve (12) months with sufficient copies for Stewards and Business Representatives. A seniority list containing the names and addresses of members of the bargaining unit as contained in the records of the Company, will be prepared and forwarded to the Local Union office annually during September of each year Probationary Period Members of the bargaining unit shall be considered probationary until placed on the seniority list. Such member shall work under the provisions of this Agreement and shall be on probation for three (3) calendar months, during which period his contract may be terminated or he may be discharged or disciplined without recourse to the Grievance Procedure. The Company may not discharge such member for the purpose of forcing an additional probationary period. Upon completion of three (3) calendar months, the member shall either be discharged or placed on the regular seniority list as of the date of the commencement of his probationary period. ARTICLE 10 LOSS OF SENIORITY AND TERMINATION OF EMPLOYMENT AND/OR OWNER OPERATOR CONTRACT Loss of Seniority and Termination of Employment and/or Owner Operator Contract Members of the bargaining unit shall lose their seniority and their employment and/or Owner Operator contract shall be terminated for any of the following reasons: if he voluntarily quits; if he is discharged and/or his Owner Operator contract is terminated and is not reinstated pursuant to the Grievance Procedure as provided in this Agreement; if he has been laid off and not working elsewhere and has failed to return 11

12 to work within twenty-four (24) hours after being contacted or is working elsewhere, then the Company will notify the member by registered mail to his last known address to return to work and he will be allowed no more than seven (7) consecutive days from the date of delivery or attempted delivery to report for duty. It is the responsibility of the member to provide his current address to the Company. if he takes work other than that declared and agreed upon when applying for a leave of absence; if he is absent from work without securing a leave of absence for more than three (3) consecutive working days; if an employed Driver is laid off and not recalled for a period equal to his years of service or (12) twelve months, whichever comes first and thirty (30) calendar days in the case of an Owner Operator; loss or suspension of drivers license. If suspended by the Ministry of Transportation for health reasons, he shall retain his seniority for a maximum of twelve (12) months. ARTICLE 11 LAYOFFS AND RECALLS Test to Determine Qualifications In all permanent layoffs where the qualifications of a member of the bargaining unit are considered a factor by the Company, such member will immediately be given the opportunity of one (1) shift to demonstrate his ability to perform the work in question in order to satisfy the Company that he is qualified to perform the work, provided he has the necessary licences and/or equipment Continued Loss of Work Recalls If a continued loss of workdays exists for a member of the bargaining unit through a shortage of work within any classification or in the case of a pending layoff, the Company or the Union may request a meeting to discuss alternate work for such members. Recalls shall be in reverse order of layoffs provided the member being recalled has the present ability to perform the work and the necessary licenses and/or equipment. ARTICLE 12 JOB POSTINGS AND VACANCIES Job Postings A job posting shall be an available start time in the city operations or a description of the run in the highway operations. Where the Company determines that a job posting is required, it shall be posted for ten (1 0) calendar days Temporary Vacancy A temporary vacancy within a classification will be defined as a vacancy that exceeds three (3) months. Where a temporary vacancy(s) occurs, if possible, it shall be posted for five (5) working days, and the successful bidder shall remain in the temporary start time for the duration of the vacancy. 12

13 12.03 Absent Members of the Bargaining Unit Members of the bargaining unit who are absent from work may apply in the normal course through the steward for job postings In the event that a member of the bargaining unit's posting is cancelled, the member shall not have the right to bump another member from a posted bid, but shall be placed on the open board within his classification, and given preference for any new posting that becomes open within his classification It is agreed between the Company and the Union that once each year all full time Employees & Owner Operators may bid to secure a weekly schedule and start time based on their qualifications and seniority. It is understood and agreed that bids can be cancelled and different bids posted throughout the year based on the customer's needs. The bid shall be held annually in the month of March and will be posted for seven (7) days commencing on the first Monday of that month. The bid will show the number of openings, weekly schedule and shift starting times. Each Employee & Owner Operator will be brought into the office in order of seniority to sign the bid at which time he must indicate his preference. The transfer of employees will be affected commencing on the first Sunday of the month of April. The results of the job bid will be posted for at least seven (7) days prior to the annual change and the Local Union's area office concerned will be given copies when completed. The appropriate Shop Steward will have the authority to sign on behalf of any employee who is absent at the time of the Annual Job Bid due to sickness, injury, leave of absence or vacation. ARTICLE 13 HOURS OF WORK, OVERTIME Hours of Work Subject to the availability of work, the regular hours of work for members of the bargaining unit will be in accordance with the applicable Motor Vehicle Operators Hours of Work Regulations Overtime Rates Overtime shall be paid pursuant to the applicable Provincial statues and regulations General Holiday (employed Drivers Only) During a week in which a general holiday occurs, the regular hours of work for employed Drivers shall be reduced in accordance with the Code Reporting Pay (Employed Drivers Only) When a member of the bargaining unit reports for work as scheduled or is called back to work hours in excess of his regular hours, he shall be paid a minimum of four (4) hours pay. A Driver cannot refuse work and book time under this provision. ARTICLE 14 MEDICAL EXAMINATIONS Medical Examinations Required by the Company 13

14 The Company may require a member of the bargaining unit to take a medical examination. When a medical examination is required by the Company the following conditions shall apply: Any medical examination required by the Company would be paid for by the Company. The Company reserves the right to select its own medical examiner and physician. If a member of the bargaining unit is required to take a medical examination during his normal working hours, he shall not lose any regular pay as a result of his taking a medical examination. The member shall be provided with at least three (3) days notice of the scheduled examination. If a member of the bargaining unit is required by the Company to take a medical examination after working hours, the member shall be paid one (1) hour of pay at the members wait time rate and shall in such cases receive at least three (3) days' notice prior to the scheduled appointment with the doctor Forwarding of Medical Reports A report of the examination will be made available to the member through the doctor designated by the employee. ARTICLE 15 BULLETIN BOARDS The Company agrees to provide a glass-enclosed locking bulletin board for the purpose of posting such notices as reasonably required by the Local Union. The official Union notices shall be signed by an officer or business representative of the Union. Keys for the bulletin board shall remain in the possession of the Union and the Company. ARTICLE 16 LOSS OR DAMAGE TO CARGO OR EQUIPMENT Employed Drivers shall not be required to contribute financially to offset any claim for loss or damage to cargo or equipment except where loss is effected by way of theft or fraud. Owner Operators shall be subject to the terms of the Owner Operator Agreement ARTICLE 17 GENERAL HOLIDAYS (Employed Drivers Only) General Holidays for employed Drivers shall be administered in accordance with the Ontario Employment Standards Act subject to the following exceptions. Unworked holiday pay for employed Drivers will be nine (9) hours pay at his wait time rate of pay The following General Holidays will be observed and an employed Driver shall be entitled to the General Holidays provided the employed Driver has worked at least fifteen (15} days in the thirty (30} days preceding the holiday and has not been absent without permission on the last day of scheduled work preceding the General Holiday and/or the first scheduled day of work following the General Holidays: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday 14

15 Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Birthday ARTICLE 18 VACATIONS (Employed Drivers Only) Vacations for employed Drivers shall be administered in accordance with the Ontario Employment Standards Act subject to the following exceptions Vacation Entitlement (Employed Drivers Only) (a) (b) Full-time employed drivers are entitled to vacation under this article in accordance with their Company seniority. In each calendar year, employed Drivers are entitled to vacation as follows: (i) (ii) (iii) (iv) (v) Two (2) weeks of vacation in the calendar year following completion of one (1) year of continuous employment; Three (3) weeks of vacation in the calendar year following completion of five (5) years of continuous employment; Four (4) weeks of vacation in the calendar year following completion of ten (1 0) years of continuous employment; Five (5) weeks of vacation in the calendar year following completion of fourteen (14) years of continuous employment; Employed Drivers who complete 18 years of service shall receive in each succeeding year a vacation bonus of $ (c) (d) Employed Drivers who have qualified for vacation and who sever or have severed their employment after they have become qualified for vacation, shall receive vacation pay computed at the rate of four (4) percent for two (2) weeks vacation, six (6) percent for three (3) weeks vacation, eight (8) percent for four (4) weeks vacation, or ten (10) percent for five (5) weeks vacation respectively of their earnings since the termination of their last computed vacation pay. Employed Drivers who have qualified for vacation shall be paid for their vacation week(s) at the rate of four (4) percent for two (2) weeks vacation, six (6) percent for three (3) weeks vacation, eight (8) percent for four (4) weeks vacation, or ten (1 0) percent for five (5) weeks vacation respectively of their earnings in the prior calendar year Terminated Employed Drivers Vacation pay owed to terminated employed Drivers will be paid no later than the following payday. ARTICLE 19 CASUALS Definition Casual help shall be defined as a worker outside the bargaining unit utilized by the Company to perform work that is normally performed by members of the bargaining unit. 15

16 19.02 Use of Casual Help The Company may utilize casual help to: fill a vacancy until filled in accordance with Section 12.01; replace a member of the bargaining unit who is absent for any reason; or supplement the workforce. Prior to using casuals, the Company will first contact members of the bargaining unit who are on layoff in accordance with their seniority and who are qualified to perform the work, have the necessary skill, competency, efficiency and present ability to perform the work and the required equipment if applicable (a) Agency Drivers Effective the first of the second month following date of ratification, the Company will remit $62.00 per month to the Union for each agency Driver working full time on the Metro account for Wilsons in the previous month. Agency Drivers are not covered by the terms of this agreement (b) Cartage Bargaining unit members will be dispatched before any outside cartage or any part time Drivers on all available loads. Should there be a grievance filed on this article, the grievance will identify the cartage dispatch being grieved and the Company will provide the Union representative access to view the dispatch sheets relevant to the grievance. ARTICLE 20 PAY PERIOD Pay Day Shortages The Company will not change the current pay period for the Company to pay all members of the bargaining unit without (1) months prior notice to the members of the bargaining unit and the Union. Minor shortages will be paid the following pay period when brought to the attention of the Company. Shortages that are the fault of the Company and are in excess of One Hundred dollars ($100.00) will be paid within 24 hours of being approved Part Time (Employed Drivers Only) Part Time Employees are employed by the Company to supplement the regular work force and do not have a regular schedule and are used on a call as required basis. Part time employees shall be members of the Union and are entitled to the rates of pay as laid out in Appendix "B" but are not otherwise covered by any other article of this agreement. 16

17 ARTICLE 21 TIME OFF AND LEAVES OF ABSENCE General Leave of Absence The Company may grant an unpaid leave of absence for up to six (6) weeks without the Owner Operator having to put a replacement Driver in the vehicle. From January 1 to March 15 of any year, a maximum of ten (10) Owner Operators may be off at any one time under this provision. For operational purposes a maximum of five (5) highway Owner Operators may be off at one time. From March 16 to December 31 of any year, a maximum of five (5) Owner Operators, city and highway combined, may be off at any one time under this provision. Any such leave of absence will not be approved unless and until a request for said leave has been submitted to the Company in writing. Any request for an extension of a leave must be in writing and must be approved in advance of the commencement of the extension. Approval of leaves of absence under this Section will not be unreasonably withheld. No leave of absence in excess of six (6) weeks will be granted unless the Owner Operator has an approved replacement Driver for the period that exceeds the six (6)weeks. Owner-Operator Replacement Drivers: Owner Operator Drivers shall be employees of the Owner Operator and are not covered by the terms of this agreement and the Owner Operator indemnifies the Company against any claims against the Company from any third party with respect to their employment with the Owner Operator. An Owner Operator's replacement Driver shall have the same authority as the Owner Operator in the Owner Operator's absence with respect to decisions regarding the operation and maintenance of the vehicle. Replacement drivers will be required to meet minimum VVTL driver hire requirements. An Owner Operator must provide a valid WSIB certificate of clearance confirming coverage for his employees every sixty (60) days. A charge of $250 per application for a replacement Driver to be approved will be charged to the Owner Operator. Company Authorized Leave of Absence, Medical Disability Company Authorized Leave of Absence: Request must be in written form, dated, signed and witnessed. Maximum of six (6) months. Maximum number of OWner Operators that can be on approved leave of absence is restricted to five (5) at any given time. Leaves will be granted on a first come first serve basis. Where there is more than one request at the same time, approvals will be based on Driver seniority. 17

18 Medical Disability: Prior to approval, the Owner Operator must have completed and submitted the proper disability claim forms. Maximum of twelve (12} months. Period of replacement coverage starts from date of injury Breavement Leave (Employed Drivers Only} Bereavement leave will be administered in accordance with the current company practice Jury Duty Leave Jury duty leave will be administered in accordance with the applicable statute(s) Absence( s) Due to Illness Where a member of the bargaining unit is unable to report to work as a result of a non occupational illness or injury, the member shall notify the Company at the earliest possible opportunity. The members obligation to so notify the Company shall not apply where the member is incapacitated from notifying the Company of the illness or injury. Where the illness or injury causes the member to be absent for three consecutive days or more, the member shall provide the Company with medical certification of his disability and will provide the Company with twenty-four hours notice of the date when the member is able to return to work. The Company shall not be required to return the member to work in the event that the member would otherwise have been laid off for lack of work if such layoff commenced during his absence Teamster Leave /S Tractors The Company agrees to grant members of the bargaining unit indefinite leaves of absence without pay and benefits to work with the Teamsters Union, retaining and accumulating seniority. Such leaves are revocable upon 72 hours' notice by the member. When an Owner Operator takes his tractor out of service for maintenance and/or repairs, by mutual agreement, he may be assigned a Company tractor and paid as a Company Driver while his tractor is out of service. ARTICLE 22 BONDING AND DRIVER'S ABSTRACTS Bonding Should the Company require a member of the bargaining unit to give bond, the premium involved shall be paid by the Company. The primary obligation to procure the bond shall be on the Company. If the Company cannot arrange for a bond for a member of the bargaining unit within thirty (30) days, they must so notify the member in writing. Failure to so notify shall relieve the member of the bonding requirement. If the proper notice is given the member shall be allowed thirty (30) days from the date of such notice to make his own bonding 18

19 arrangements, standard premiums only on said bond to be paid by the Company. A standard premium shall be that premium paid by the Company if the member were bondable under the Company plan. Any excess premium is to be paid by the member Driver's Abstracts If the Company requires driver's abstracts the Company shall pay all costs involved. The foregoing shall not apply to applicants who obtained a driver's abstract prior to the Company making an offer of employment or contract to the applicant. ARTICLE 23 HEALTH AND SAFETY Health and Safety Committee Vehicle Safety The Company agrees to establish a Health and Safety Committee in accordance with applicable legislation. It is hereby recognized as a mutual advantage for both the Company and the members of the bargaining unit that: A member of the bargaining unit shall not be compelled to operate unsafe freight handling equipment or equipment with which he is unfamiliar. A member of the bargaining unit shall not be penalized if he refuses to work under conditions which make work hazardous or under conditions contrary to applicable legislation. A member of the bargaining unit shall not operate vehicles which are not in a safe operating condition and not equipped with the safety appliances required bylaw Duty of Company to Maintain Vehicles in a Safe Condition It shall be the duty and responsibility of the Company to maintain all vehicles in a safe operating condition in accordance with the Ministry of Transportation's Regulations Duty of Members of the Bargaining Unit to Inspect Vehicles and Report Defects It is understood and agreed that all vehicles shall be subject to pre and post trip inspections as directed by the Company. The Company further agrees to provide a written notice specifying when pre and post trip inspections are scheduled to be done Right of Company to Determine Condition of Equipment The determination in respect to the condition of equipment shall rest with any qualified representative of management Right of Members of the Bargaining Unit to Refuse Unsafe Equipment It shall not be a violation of this Agreement for a member of the bargaining unit to refuse to operate a vehicle where such refusal is justified for safety reasons. 19

20 23.07 Responsibility of Drivers for Damages while Pushing or Towing a Vehicle Members of the bargaining unit will not be held responsible for damage while towing or pushing a vehicle if instructed to do so by the Company Maintenance of Power Units It is agreed between the Union and the Company, having regard for safety and the driver's health, that all power units will have adequate heaters, windshield wipers and washers, and defrosters installed and kept in operating condition Clothing and Footwear Members of the bargaining unit will wear a safety vest and/or safety shoes or safety boots at all times at any location where required by either the Company or a customer. Members of the bargaining unit who are required to wear a Vest will be provided with a Vest. The Company will pay for a replacement Vest if necessary. Employed Drivers who are required to wear Safety Boots will be reimbursed for one pair of Boots, with the maximum reimbursement to be a total of $ plus tax per employed Driver. Members of the bargaining unit required to wear hard hats and/or safety glasses by the Company or a customer will be provided with such equipment from the Company's supply and all members will comply with the requirement to wear the required safety equipment. Individual hard hat liners will also be provided. Where the Company requires employed Drivers to wear a Uniform, the current practice will apply. ARTICLE 24 COMPANY MEETINGS The Company shall pay the regular wait time hourly rates to all employees compelled to attend Company meetings if called at the request of the Company. ARTICLE 25 RATES OF PAY AND PAY INFORMATION Annexed hereto as Appendix "A" are the classifications and rates of pay, which form part of this Agreement The Company agrees to show on the members pay statement the details of the pay being provided. If the Company is presently supplying additional information over and above that listed above, it will continue to do so. If the Company needs to change this process it shall have the right to do so providing it notifies the Union thirty (30) days in advance of the change There shall be no pyramiding or compounding of premium rates that would otherwise be applicable to hours worked on a General Holiday, overtime hours worked or any other premium pay entitlements for employed Drivers. ARTICLE 26 PAY FOR TRAINING Where the Company requires a member of the bargaining unit to take training, the member will be paid for all time spent in training at his hourly wait time rate of pay. ARTICLE 27 DISCIPLINE Members of the bargaining unit who are discharged or have their contract terminated will have this action and reason confirmed in writing, and their pay will 20

21 be direct deposited in the normal pay cycle. Members of the bargaining unit who terminate their employment or their contract voluntarily shall have all monies owing them paid in the normal pay cycle Discipline issued to a member of the bargaining unit shall be removed from the member's file twelve (12} months from the date of issue providing the member has had no discipline on file within that twelve (12) month period All penalties and reprimands must be issued to the member within seventy-two hours (Saturdays, Sundays, and General Holidays excluded) from the time the infraction became known to the Company and their investigation completed, with a copy to the Union. ARTICLE 28 INVALIDATING LEGISLATION In the event of legislation being enacted subsequent to the signing of this Agreement invalidating the application of any Article or Appendix hereto, the relative Section only of this Agreement shall be nullified. ARTICLE 29 DURATION This Agreement shall become effective on October 29, 2015 and shall continue in full force and effect until October 28, 2018 and from year to year thereafter unless written notice of intention to terminate or amend this Agreement is given by either party to the other not more than sixty (60) days and not less than thirty (30) days before the date of its termination. Dated at.h.{~!.~.~!.~~~:'bntario this :ay of... 1.!-:.J!:.'?.~.'::..., 2016 FOR THE UNION 21

22 APPENDIX A Owner Operator Remuneration Rates Owner operator rates First pay period following Nov 22/15 increased mileage rates Range 0-50 km km km km 400+ km Load Rate $40.71 $30.53 $30.53 $30.53 $ km Stops Tmiler Stripping Vendor pick-up Waiting Time (with PO)> 45 min Flat Rate Transfers CHEP loads (retum) One Way- Homer APWM tolfrom OM or VR per stop each 40.00each per hour Wait time will be paid in 15 minute increments after 45 minutes. lnitial15 minute interval paid at 60 minutes. Fuel Surcharge: -Fuel $.43 litre providing Driver fuels at the yard. -Drivers who do not have access to the yard will be $.43 litre. -Backhaul in excess of 400 km paid at $.03 km. Backhaul overweights in excess of 50,000 lbs paid at $.10 km Insurance Surcharge: The Company will remove the 1% insurance surcharge on a go forward basis. In its place, the Company will adopt a disciplinary policy with respect to accidents, incidents and/or CVOR infractions as follows: First offence attributable to the Owner Operator: Second offence attributable to the Owner Operator: Written warning re breach of his contract. Subject to suspension of services. 22